Rescheduling hopes have dwindled in recent months as the federal government focuses on other, more sweeping initiatives. It was over a year ago that the Department of Health and Human Services (HHS) issued a letter recommending that the Drug Enforcement Agency (DEA) lower cannabis from highly restrictive Schedule I to a lesser-persecuted Schedule III. This signaled a potential loosening of the restrictions stopping researchers from studying the plant and barring compliant businesses from tax breaks.
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Since then, a new, less weed-friendly administration has taken office, and the DEA has yet to make any moves to free the plant. This month, the administration released its yearly National Drug Threat Assessment. Due to the heavy appearance of marijuana within the report, and lack of movement from the federal government, DEA opinions on pot may remain in Schedule I territory.
The National Drug Threat Assessment is a yearly report exposing drug trafficking and abuse trends in the U.S. Data is gathered from law enforcement and public health departments. The National Drug Intelligence Center (NDIC), an arm of the Department of Justice (DOJ), analyzes the data.
What the DEA thinks about weed
This eight-page cannabis threat section was the longest, tied with fentanyl and methamphetamines. Marijuana was not listed in the data regarding substance-related deaths, those were attributed to fentanyl and meth.
If what was presented informs DEA initiatives going forward, cannabis may hold its label as the most dangerous narcotic. The report acknowledges efforts to legalize and decriminalize, but deems them not enough to deter crime.
“Despite these measures, during the last two decades, the black market for marijuana has expanded significantly as Chinese and other Asian transnational criminal organizations (TCOs) have taken control of the marijuana trade,” the report reads. “These organized crime groups, as well as Mexican cartels, are profiting from both illegal cultivation and sales, and are exploiting the ‘legal’ market.”
The Threat Assessment further asserts that Chinese organizations are pooling funds from the Asian community to start unlicensed cultivation sites around the U.S. It states that these operations are staffed by undocumented Chinese and Mexican immigrants who are promised legal employment before entering the country. One such farm was busted on Navajo Nation land in 2020, and three men were recently indicted in federal court for running the operation.
Potential harm cited as means for concern
Aside from potential human rights violations, the unregulated products are believed to be highly potent and potentially sprayed with harmful pesticides and fertilizers. The report cites environmental concerns and adverse health effects for end consumers as potential harms.
The threat report cited a DEA-funded program managed by the California DOJ that deployed teams across 28 counties to halt unlicensed cannabis cultivation sites. Chinese TCOs were believed to be responsible for 41 percent of the total processed cannabis seized (22.5 tons) and 33 percent (70) of the arrests. The report indicates these sites operate in territories with legalized cannabis programs, masquerading as good actors while flying under the radar.
“Facilitators working for the Chinese TCOs and/or Mexican cartels transport large amounts of marijuana directly from ‘legal’ states to states that have not legalized recreational use and those where state-level recreational approval is sufficiently regulated cannabis industry,” the report states.
This fact, that TCOs and Cartels ship these illegal products to states without legal weed, seems to support legalizing the plant nationwide. If there is no lack of access, there hypothetically would be no customers for the unregulated market posed in this report.
This connection was not made in the official document. Instead, this information was capped with information about cannabis use being up, Delta-8, the proliferation of high-THC products, and the belief that vulnerable populations like kids are in danger.
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Cannabis rescheduling may require legislative champions
No final assertions were made about rescheduling in the detailed report, but it appears the DEA still views cannabis as a threat to the American public. At least for now, the DEA’s priority seems to be shutting down unlicensed operations. That could mean rescheduling is taking a back seat.
Lawmakers saw the signs of a stall and have attempted to take things into their own hands.
Three bills that hoped to bypass the DEA decision made it to Senate and House committees. The Cannabis Administration and Opportunity Act (CAOA) was introduced by Senate Majority Leader Chuck Schumer, Democratic Senator Cory Booker, and Senator Ron Wyden in 2024. If passed, the legislation would have removed cannabis from the Controlled Substances Act.
Meanwhile, Republican Representative Dave Joyce has been working on weed in the House. He reintroduced the STATES 2.0 Act in the last session, which sought to remove scheduling restrictions for state-compliant businesses. Rep. Joyce also introduced the Preparing Regulators Effectively for a Post-Prohibition Adult-Use Regulated Environment (PREPARE) Act to establish a legal space when federal regulations inevitably loosen.
These initiatives have yet to become law, but they instill hope despite DEA postponement. Even if the DEA stays focused on prosecuting cannabis over rescheduling it, lawmakers are fighting to make it happen. If the latest report is any indication of the drug enforcers’ focus, rescheduling is taking a back seat to halting the illicit trade.
